FY22 EMERG MGT COMPLEX FUNCTIONAL EXERCISE AWARD EXECUTED MOA 2160007DocuSign Envelope ID: D69DB649-ODAA-4184-8535-1E876024EF99
North Carolina Department of Public Safety
Emergency Management
Roy Cooper, Governor
Eddie M. Buffaloe Jr., Secretary
William C. Ray, Director
Hazardous Material Emergency Preparedness Grant Program (HMEP)
Fiscal Year 2021
AL #: 20.703
Grant#: 693 JK3194003 3 HMEP
SUBAWARD NOTIFICATION
Teresa Smith Period of Performance: September 30, 2019 to September 29, 2022
New Hanover County Project Title: Complex Functional Exercise
230 Government Center Drive Total Amount of Award: $9,250.00
Wilmington, NC 28403- MOA #: 2160007
North Carolina Emergency Management (NCEM) is pleased to inform you that the federal Fiscal Year (FY) 2021
Hazardous Material Emergency Preparedness Grant Program (HMEP) has been approved for funding. In accordance
with the provisions of FY 2021 HMEP award, NCEM hereby awards to the foregoing subrecipient a grant in the
amount shown above.
Payment of funds: The grant shall be effective upon final approval by NCEM of the grant budget and program
narrative and the execution of the forthcoming Memorandum of Agreement. Grant funds will be disbursed
(according to the approved project budget) upon receipt of evidence that funds have been invoiced and products
received and/or that funds have been expended (i.e., invoices, contracts, itemized expenses, etc.).
Conditions: The subrecipient shall understand and agree that funds will only be expended for those projects
outlined in the funding amounts as individually listed above. Subrecipient shall also certify the understanding and
agreement to comply with the general and fiscal terms and conditions of the grant including special conditions; to
comply with provisions of the 2 CFR 200 and all applicable laws governing these funds and all other federal, state
and local laws; that all information is correct; that there has been appropriate coordination with affected agencies;
that subrecipient is duly authorized to commit the applicant to these requirements; that costs incurred prior to grant
application approval will result in the expenses being absorbed by the subrecipient; and that all agencies involved
with this project understand that federal funds are limited to the period of performance. Subrecipient must read and
sign forthcoming Memorandum of Agreement for acceptance of the award.
For projects involving construction or the installation of equipment:
Prior to funds being expended from this award the subrecipient must complete and submit an Environmental
Planning and Historical Preservation form to NCEM for approval. On receipt of the approval letter from NCEM the
subrecipient may begin to expend grant funds.
Supplanting: The subrecipients confirm that sub -grant funds will not be used to supplant or replace local or state
funds or other resources that would otherwise have been available for homeland security activities. In compliance
with that mandate, the subrecipient will certify that the receipt of federal funds through NCEM shall in no way
supplant or replace state or local funds or other resources that would have been made available for homeland
security activities.
GRANT AWARD NOTICE: THIS AWARD IS SUBJECT TO THE GRANT SPECIAL CONDITIONS AND
FINAL APPROVAL BY THE DEPARTMENT OF PUBLIC SAFETY, NORTH CAROLINA EMERGENCY
MANAGEMENT GRANT PROGRAM BUDGET AND NARRATIVE
MAILING ADDRESS
4236 Mail Service Center
Raleigh NC 27699-4236
www.readync.org
www.ncdps.gov
An Equal Opportunity employer
OFFICE LOCATION
1636 Gold Star Drive
Raleigh, NC 27607-3371
Telephone: (919) 825-2500
Fax: (919) 825-2685
ti
DocuSign Envelope ID: D69DB649-ODAA-4164-8535-1E876024EF99 For Official Use Only
materials-emergency_preparedness-hmep-grantwww.phmsa.dot.gov; 10) the N.C. Emergency Management Act,
Chapterl66A of the North Carolina General Statutes; 11) NFPA 472 core competencies and/or OSHA 29 CFR
1910.120 regarding training activities.
The funds awarded under this grant must be used in compliance with all applicable federal, state, and local laws and
regulations, including N.C.G.S. §§ 143C-6-21, 143C -6-22,143C-6-23 and 09 NCAC 03M. By accepting this award,
the Subrecipient agrees to use these funds in a manner consistent with all applicable laws and regulations.
3. Compensation
Recipient agrees that it will pay Subrecipient compensation for eligible services to be rendered by Subrecipient.
Payment to Subrecipient for expenditures under this MOA will be reimbursed after Subrecipient's cost report is
submitted and approved for eligible scope of work activity. Grant funds will be disbursed (according to the approved
project budget) upon receipt of evidence that funds have been invoiced, products or services received (i.e., invoices,
contracts, itemized expenses, etc.), and proof of payment is provided.
Subrecipients must meet all reimbursement requirements contained herein. Non-compliance may result in denial of
reimbursement request(s) of grant funds awarded for this project. See also paragraph 8 below regarding compliance.
4. Funding eligibility criteria
Federal funds administered through the Recipient are available to local governments to assist in the cost of developing
and maintaining a Hazardous Material Emergency Management program. Continued HMEP funding is contingent
upon completion of all HMEP funding requirements. The following eligibility criteria must be adhered to during the
grant program:
The Subrecipient must:
• Be established as a state, local, or non-profit agency by appropriate resolution/ordinance.
• Complete any procurements and expenditures no later than 9/29/2022.
• File Retention:
o Recipient/Subrecipient's performance under this MOA shall be subject to 2 CFR Part 200 Pursuant to 2 CFR
Part 1201.
o Subrecipient is required to maintain records, including cost reports, the grant award letter, the executed MOA
and supporting attachments, audit findings and Corrective Action Plans, and site -visit documents of this grant.
o Subrecipient and its employees or agents, including all subcontractors or consultants to be paid from funds
provided under this MOA, shall allow access to its records to North Carolina Emergency Management
(NCEM), USDOT, PHMSA, and the Comptroller General of the United States or any authorized
representatives, employees, and agents thereof for documentation review, site visits, project closeout and
audits.
o The file retention period is five (5) years after termination of the grant. However, if litigation, claim or audit
has been initiated prior to the expiration of the five-year period and extends beyond the five-year period, the
records shall be retained until all litigation, claims or audit findings involving the records have been resolved.
• Subrecipient is responsible for obtaining audits in accordance with 2 CFR 200 Subpart F and for complying with
State reporting requirements. See paragraphs 13 and 14 below.
5. Conditions
The Subrecipient certifies that it understands and agrees that funds will only be expended for those projects outlined
in the scope -of -work as individually listed in the FY2021 HMEP application (Attachment 1).
The Recipient certifies that it understands and agrees: to comply with the general and fiscal terms and conditions of
the grant including special conditions; to comply with provisions of the applicable laws, rules and policies governing
these funds; that all information is correct; that there has been appropriate coordination with affected agencies; that it
is duly authorized to commit Subrecipient to these requirements; that costs incurred prior to grant application approval
will result in the expenses being absorbed by Subrecipient; and that all agencies involved with this project understand
that all federal funds are limited to period of performance of this award.
6. Supplantation
Subrecipients are required to provide assurance that grant funds will not be used to supplant or replace local or state
funds or other resources that would otherwise have been available for hazardous materials transportation preparedness
activities.
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7. Responsibilities
Recipient:
A. Recipient shall provide funding to Subrecipient to perform the activities as described herein.
B. Recipient shall conduct a review of the project to ensure that it is in accordance with HMEP requirements.
C. The federal award date is October 1, 2021. Funds allocated must be encumbered and invoices received by NCEM
by September 30, 2022.
D. Recipient shall directly monitor the completion of this project.
Subrecipient:
A. This MOA must be signed and returned to NCEM within 45 days after Subrecipient receives notice of this award.
The grant shall be effective upon return of the executed Grant Award and MOA and final approval by NCEM of
the grant budget and program narrative.
B. Procurement. The Subrecipient shall utilize State of North Carolina and/or local procurement policies and
procedures for the expenditure of funds, and conform to applicable state and federal law and the standards
identified in 2 CFR 200.317 — 200.327. Subrecipient must follow procurement procedures and policies as outlined
in the applicable FY2019 HMEP NOFO and HMEP Expenditures Guide.pdf (dot.gov) , and Appendix II of 2
CFR Part 200 -Contract Provisions for Non -Federal Entity Contracts Under Federal Awards. Subrecipient shall
comply with all applicable laws, regulations and program guidance. Subrecipient must comply with the most
recent version of the funding administrative requirements, cost principles, and audit requirements. Administrative
and procurement practices must conform to applicable federal requirements. A non -exhaustive list of regulations
commonly applicable to federal grants are listed below, codified in the following guidance: 15 CFR Part 24;
Federal Acquisition Regulations (FAR), Part 31.2; 28 CFR Part 23 "Criminal Intelligence Systems Operating
Policies"; 49 CFR Part 1520 "Sensitive Security Information"; Public Law 107-296, The Critical Infrastructure
Act of 2002; Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000 et. seq.; Title IX of the
Education Amendments of 1972, as amended, 20 U.S.C. 1681 et. seq; Section 504 of the Rehabilitation Act of
1973, as amended, 29 U.S.C. 794; The Age Discrimination Act of 1975, as amended, 20 U.S.C. 6101 et. seq.;
Cash Management Improvement Act (CMIA) and its implementing regulations at 31 CFR Part 205; Certifications
and Assurances regarding Lobbying 31 U.S.C. 1352, Drug -Free Workplace Act, as amended, 41 U.S.C. 701 et.
seq. and Certification Regarding Drug -Free Workplace Requirements, Debarment and Suspension Executive
Orders 12549 and 12689 and certification regarding debarment, suspension and other responsibility matters; 28
CFR Parts 66, 67, 69, 70 and 83; and Grant Award and Special Conditions documents.
C. Subrecipient must have an acceptable local travel regulation plan or accept the state travel regulations. Refer to
2 CFR 200.475 for travel costs.
D. Submit invoice(s) requesting reimbursement for item(s) received to NCEM Grants Management Branch
(ncem arg ntsIncdps. og_v) and NCEM HAZMAT programmatic team hazmat(a�ncdps.gov. Recipient will
reimburse Subrecipient for eligible costs as outlined in the applicable USDOT program guidelines and FY2019
HMEP NOFO . Subrecipient must take possession of all purchased equipment and receive any grant -eligible
service prior to seeking reimbursement from the Recipient. Subrecipient must submit request for reimbursement
within 60 days of payment of invoice. Requests for reimbursement submitted more than 60 days after
Subrecipient payment of invoice may be denied. Complete the procurement(s) process not later than September
29, 2022.
E. Subrecipient must take possession of all purchased equipment, receive any grant -eligible service and/or complete
work activities prior to seeking reimbursement from the Recipient.
F. Comply with current federal laws and suspension and debarment regulations pursuant to 2 CFR 200.213 —
200.214, 2 CFR Part 180 and U.S. Office of Management and Budget (OMB) Guidance, which requires in
pertinent part that when a non-federal entity enters into a covered transaction with an entity at a lower tier, the
non-federal entity must verify that the entity is not suspended or debarred or otherwise excluded. Subrecipient
shall be responsible to ensure that it has checked the federal System for Awards Management (SAM),
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hlt2s:Hsam.gov/content/exclusions and the State Debarred Vendors Listing,
haps://ncadmin.nc.gov/documents/nc-debarred-vendors, to verify that contractors or subrecipients have not been
suspended or debarred from doing business with the federal government.
G. The purchase or acquisition of any additional materials, equipment, accessories or supplies or completion of any
work activities beyond those identified Attachment 1 shall be the sole responsibility of Subrecipient and shall not
be reimbursed under this MOA.
H. Subrecipient shall have sole responsibility for the maintenance, insurance, upkeep, and replacement of any
equipment procured pursuant to this MOA unless hand-receipted or transferred to another jurisdiction.
I. Property and Equipment. Property and equipment purchased with HMEP funds shall be titled to Subrecipient,
unless otherwise specified by NCEM, DHS and/or USDOT. Subrecipient shall be responsible for the custody and
care of any property and equipment purchased with HSGP funds furnished for use in connection with this MOA,
and shall reimburse the Recipient for any loss or damage to said property until the property is disposed of in
accordance with HSGP Program requirements. Recipient will not be held responsible for any property purchased
under this MOA.
Subrecipient must utilize all property and equipment as intended in their project application to NCEM. Any
variation from this intended use must be requested in writing and approved by NCEM HAZMAT
(hazmat@ncdps.gov).
Per 2 CFR 200.313, during the time that equipment is used on the project or program for which it was acquired,
Subrecipient must also make the equipment available for use on other projects or programs currently or previously
supported by this or other federal grants, provided that such use will not interfere with the work on the projects
or program for which it was originally acquired. First preference for other use must be given to other programs
or projects supported by USDOT that financed the equipment and second preference must be given to other
programs or projects under grants from other federal awarding agencies.
Equipment costs includes those items which are tangible, nonexpendable, personal property having a useful life
of more than one year and an acquisition cost of $5,000 or more per unit, unless the applicant has a clear and
consistent written policy that determines a different threshold. Include a description, quantity and unit price for
all equipment.
• Purchases of less than $5,000 should be listed under "Supplies" or "Other."
• Each item of equipment must be identified with the corresponding cost. General-purpose equipment must be
justified as to how it will be used on the project.
• Analyze the cost benefits of purchasing versus leasing equipment, particularly high-cost items and those
subject to rapid technical advances. List rented or leased equipment costs in the "Contractual" or "Other"
category, depending upon the procurement method.
• All equipment must have written approval from NCEM HAZMAT (hazmatkncdps.gov) prior to beginning
scope of work.
Subrecipient shall maintain an effective property management system that complies with the following
requirements:
i. Subrecipient shall take an initial physical inventory of any equipment received under this grant. cost reports
with backup documentation, certificate of title, and any other Subrecipient reports or inventory reports that
include information regarding the grant, vendor, invoice number, cost per item, number of items, description,
location, condition and identification number may be used to meet this requirement. Subrecipient shall take
an initial physical inventory of any equipment. Equipment is defined as tangible, non -expendable property
having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. Subrecipient
may have property management guidelines that are more restrictive, requiring a unit of equipment with a
value of less than $5,000 to be inventoried. If so, such equipment purchased under this award allocation shall
be included on the report submitted to Recipient. The grant summary, cost reports with backup
documentation, certificate of title, and any other Subrecipient reports or inventory reports that include
information regarding the grant, vendor, invoice number, cost per item, number of items, description,
location, condition and identification number may be used to meet this requirement.
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ii. Subrecipient must ensure a control system exists to provide adequate safeguards to prevent loss, damage or
theft. Subrecipient shall be responsible for replacing or repairing equipment which is willfully or negligently
lost, stolen, damaged, or destroyed. Any loss, damage or theft of the property must be investigated and fully
documented, and made part of the official project records.
iii. Subrecipient is responsible for adequate maintenance procedures to keep the equipment in good condition.
iv. Disposition Procedures. Unless otherwise directed by NCEM and/or USDOT, Subrecipient may dispose of
the equipment when the original or replacement equipment acquired under the grant award is no longer
needed for the original project or program, or for other activities currently or previously supported by a federal
awarding agency. However, Subrecipient must notify NCEM Grants Management Branch and NCEM
HAZMAT prior to disposing of any equipment purchased with grant funds. Items with a fair market value of
less than $5,000 may be retained, transferred or otherwise disposed of with prior approval of NCEM and in
accordance with disposition requirements in 2 CFR 200.313. Unless otherwise directed by NCEM and/or
USDOT, items with a current per unit standard federal or fair market value in excess of $5,000 may be
retained, transferred or otherwise disposed of with prior NCEM approval in accordance with disposition
requirements in 2 CFR 200.313. Subrecipient must provide documentation that includes the method used to
determine current fair market value.
v. Only authorized equipment listed in the HMEP Expenditures Guide.pdf (dot.gov) are eligible for purchase.
vi. Failure to comply with these terms and conditions may result in the return of funds and any other remedy for
noncompliance specified in 2 CFR 200.339, and/or termination of the award per 2 CFR 200.340. Additional
conditions may also be placed upon Subrecipient for noncompliance with the specified terms and conditions
of this MOA, including (but not limited to) additional monitoring and special conditions placed on future
awards per 2 CFR 200.208.
J. No indirect or administrative costs will be charged to this allocation award.
K. If applicable, changes, real property, equipment, supplies and copyrights will be administered in accordance with
2 CFR Part 200.
8. Compliance
Subrecipient shall comply with applicable federal, state, and/or local statutes, regulations, ordinances, licensing
requirements, policies, guidelines, reporting requirements, certifications and other regulatory matters for the conduct
of its business and purchase requirements performed under this MOA. This includes all requirements contained in
the applicable FY2019 HMEP NOFO referenced in paragraph 2 above. Subrecipient shall be wholly responsible for
the purchases made under this MOA and for the supervision of its employees and assistants.
Failure to comply with the specified terms and conditions of this MOA may result in the return of funds and any other
remedy for noncompliance specified in 2 CFR 200.339, and/or termination of the award per 2 CFR 200.340.
Additional conditions may also be placed upon Subrecipient for noncompliance with the specified terms and
conditions of this MOA, including (but not limited to) additional monitoring.
9. Funding
All terms and conditions of this MOA are dependent upon and subject to the allocation of funds from USDOT,
PHMSA, and Recipient for the purposes set forth and the MOA shall automatically terminate if funds cease to be
available.
Allowable costs shall be determined in accordance with the applicable USDOT Program Guidelines, which include,
but may not be limited to, the FY2019 HMEP NOFO and the HMEP Expenditures Guide.pdf (dot.gov), 2 CFR Parts
200 Subpart E, , Federal Acquisition Regulations (FAR) Part 31.2, and OMB Circulars A-21. Allowable costs are
also subject to the approval of the State Administrative Agent (SAA) for the State of North Carolina, the Secretary of
the North Carolina Department of Public Safety (NCDPS).
Food allowances must have prior written approval from NCEM HAZMAT. Water is an allowable expense.
10. Taxes
Subrecipient shall be considered to be an independent subrecipient and as such shall be responsible for ALL taxes.
There shall be no reimbursement for taxes incurred by the subrecipient under this grant.
11. Warranty
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As an independent subrecipient, the Subrecipient will hold Recipient harmless for any liability and personal injury
that may occur from or in connection with the performance of this MOA to the extent permitted by the North Carolina
Tort Claims Act. Nothing in this MOA, express or implied, is intended to confer on any other person any rights or
remedies in or by reason of this MOA. This MOA does not give any person or entity other than the parties hereto
any legal or equitable claim, right or remedy. This MOA is intended for the sole and exclusive benefit of the parties
hereto. This MOA is not made for the benefit of any third person or persons. No third party may enforce any part of
this MOA or shall have any rights hereunder. This MOA does not create, and shall not be construed as creating, any
rights enforceable by any person not a party to this MOA. Nothing herein shall be construed as a waiver of the
sovereign immunity of the State of North Carolina.
12. State Property
If Recipient purchases any property with HMEP funds and allows Subrecipient to use such property, Subrecipient
shall be responsible for the custody and care of such property, and shall reimburse the Recipient for any loss or
damage to said property until the property is disposed of in accordance with HMEP program requirements.
13. State of North Carolina Reporting Requirements per NCGS 143C-6-23 and 09 NCAC 03M
North Carolina state law (N.C.G.S. 143C-6-23 and 09 NCAC 03M) requires every non -state entity (including non-
profit organizations, counties and local governments) that receives state or federal pass-through grant funds from state
agencies to file annual reports on how those grant funds were used no later than three months after the end of the non -
state entity's fiscal year.
Refer to "State Grant Compliance Reporting Forms" on the following website for instructions and applicable forms
for subrecipients to meet these requirements: https://www.ncdps.gov/our-organization/emergency-
management/emergency, e� rg ants/grants-management-compliance .
Level (Less than $25,000)
A grantee receiving less than $25,000 (combined) in state or federal pass through funds must submit:
• Certification Form.
• State Grants Compliance Reporting for Receipts of Less than $25,000.
• Level I form and reporting instructions are available on the above website.
Level H ($25,000 - $499,999)
A grantee that receives between $25,000 - $499,999 (combined) in state or federal pass-through funding must submit:
• Certification Form.
• State Grants Compliance Reporting for Receipts of $25,000 or More.
• Schedule of Receipts and Expenditures.
• Program Activities and Accomplishments Reports.
• Level II form and reporting instructions are available on the above website.
Level 111 ($500,000 - $749,999)
A grantee that receives a combined $500,000 or more in state funding or federal pass-through funding must submit:
• Certification Form.
• State Grants Compliance Reporting for Receipts of $25,000 or More.
• Program Activities and Accomplishments Reports.
• Level III form and reporting instructions are available on the above website.
• Submit within nine months of the grantee's fiscal year end: Submit to DPS Internal Audit a single audit prepared
and completed in accordance with Generally Accepted Government Auditing Standards. See paragraph 14 below
for audits.
Level HI Continued ($750,000+)
A grantee that receives a combined $750,000 or more in funding from all federal funding sources, even those passed
through a state agency must submit:
• Certification Form.
• State Grants Compliance Reporting for Receipts of $25,000 or More.
• Program Activities and Accomplishments Reports.
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Level III form and reporting instructions are available on the above website.
Submit within nine months of the grantee's fiscal year end:
o Submit to DPS Internal Audit a single audit prepared and completed in accordance with Generally Accepted
Government Auditing Standards.
o Post the single audit to the Federal Audit Clearinghouse (https://harvester.census.gov/facweb/).
o Make copies of the single audit available to the public. See paragraph 14 below for audits.
14. Audit Requirements
For all federal grant programs, Subrecipient is responsible for obtaining audits in accordance with 2 CFR 200 Subpart
F. Per 09 NCAC 03M .0205, a subrecipient that receives a combined $500,000 or more in North Carolina state
funding or federal funding passed through a state agency must within 9 months of the subrecipient's fiscal year
end submit to DPS Internal Audit (AuditGrantsReport@ncdps.gov) a single audit prepared and completed in
accordance with Generally Accepted Government Auditing Standards (GAGAS): httus://www.gao.gov/yellowbook.
Per 2 CFR 200.501, a subrecipient that receives a combined $750,000 or more in funding from all federal funding
sources, even those passed through a state agency, must have a single audit conducted in accordance with 2 CFR
200.514 and GAGAS within 9 months of Subrecipient's fiscal year end. Subrecipient must:
A. Post the single audit conducted in accordance with 2 CFR 200.514 and GAGAS to the Federal Audit
Clearinghouse https://harvester.census.gov/facweb/.
B. Submit to DPS Internal Audit (AuditGrantsReport&cdps.gov) a single audit prepared and completed in
accordance with GAGAS. This can, at the option of Subrecipient, be the same single audit submitted to the
Federal Audit Clearinghouse in paragraph 14.A. above.
C. Make copies of the single audit available to the public.
15. Subrecipient Monitoring
See Attachment 2 for subrecipient monitoring.
16. Points of Contact
To provide consistent and effective communication between Subrecipient and the NCEM, each party shall appoint a
Principal Representative(s) to serve as its central point of contact responsible for coordinating and implementing this
MOA. The NCEM contact shall be, Assistant Director - Administration, the NCEM Grants Management Branch
Staff, the NCEM Field Branch Staff, and NCEM HAZMAT programmatic team hazmat(cr�,ncdps.gov. The
Subrecipient point of contact shall be the person designated by the Subrecipient. All confidential information of either
party disclosed to the other party in connection with the services provided hereunder will be treated by the receiving
party as confidential and restricted in its use to only those uses contemplated by the terms of this MOA. Any
information to be treated as confidential must be clearly marked as confidential prior to transmittal to the other party.
Neither party shall disclose to third parties, the other party's confidential information without written authorization to
do so from the other party. Specifically excluded from such confidential treatment shall be information that:
A. As of the date of disclosure and/or delivery, is already known to the party receiving such information.
B. Is or becomes part of the public domain, through no fault of the receiving party.
C. Is lawfully disclosed to the receiving party by a third party who is not obligated to retain such information in
confidence.
D. Is independently developed at the receiving party by someone not privy to the confidential information.
17. Public Records Access
While this information under federal control is subject to requests made pursuant to the Freedom of Information Act
(FOIA), 5 U.S.C. §552 et. seq., all determinations concerning the release of information of this nature are made on a
case-by-case basis by the PHMSA FOIA Office. This MOA may be subject to the North Carolina Public Records
Act, Chapter 132 of the North Carolina General Statutes.
Emergency response plans, material safety data sheets, chemical lists, inventory forms, toxic chemical release forms
and follow-up emergency notices covered under the Emergency Planning and Community Right -to -Know Act
(EPCRA), 42 U.S.C. § 11001 et seq, are generally authorized for release to the public (42 U.S.C. § 11044); however,
trade secret information related to chemicals (42 U.S.C. § 11042) and the locations of specific chemicals may be
required to be withheld from disclosure under certain circumstances (42 U.S.C. § 11044). Any requests for records
from NCEM will be handled in accordance with NCEM Division Directive 100-05, Records Management. incident
commanders, hazardous materials officers, hazardous materials safety officers, and other specialist employees.
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18. Contracting/Subcontracting
If Subrecipient contracts/subcontracts any or all purchases or services under this MOA, then Subrecipient agrees to
include in the contract/subcontract that the contractor/subcontractor is bound by the terms and conditions of this
MOA. Subrecipient and any contractor/subcontractor agree to include in the contract/subcontract that the
contractor/subcontractor shall hold NCEM harmless against all claims of whatever nature arising out of the
contractors/subcontractor's performance of work under this MOA. If Subrecipient contracts/subcontracts any or all
purchases or services required under this MOA, a copy of the executed contract/subcontract agreement must be
forwarded to NCEM. A contractual arrangement shall in no way relieve Subrecipient of its responsibilities to ensure
that all funds issued pursuant to this grant be administered in accordance with all state and federal requirements.
Subrecipient is bound by all special conditions of this grant award as set out in the grant application and the grant
award letter Subaward Agreement incorporated by reference herein, as well as all terms, conditions and restrictions
of the FY2019 HMEP NOFO referenced herein.
19. Situs
This MOA shall be governed by the laws of North Carolina and any claim for breach or enforcement shall be filed in
State Court in Wake County, North Carolina.
20. Antitrust Laws
All signatories of this MOA will comply with all applicable state and federal antitrust laws.
21. Other Provisions/Severability
Nothing in this MOA is intended to conflict with current laws or regulations of NCDPS NCEM or the Subrecipient.
If a term of this MOA is inconsistent with such authority, then that term shall be invalid, but the remaining terms and
conditions of this MOA shall remain in full force and effect.
22. Entire Agreement
This MOA and any annexes, exhibits and amendments annexed hereto and any documents incorporated specifically
by reference represent the entire agreement between the parties and supersede all prior oral and written statements or
agreements.
23. Modification
This MOA may be amended only by written amendments duly executed by the Recipient and the Subrecipient.
24. Certification of Eligibility --Under the Iran Divestment Act
Pursuant to G.S. 147-86.60, any company identified as engaging in investment activities in Iran, determined by
appearing on the Final Divestment List created by the State Treasurer pursuant to G.S, 147-86.58, is ineligible to
contract with the State of North Carolina or any political subdivision of the State. The Iran Divestment Act of 2015,
G.S. 147-86.55 et seq. requires that each vendor, prior to contracting with the State certifies, and the undersigned on
behalf of the Vendor does hereby certify, to the following:
A. That the vendor is not identified on the Final Divestment List of entities that the State Treasurer has determined
engages in investment activities in Iran.
B. That the vendor shall not utilize on any contract with the State agency any subcontractor that is identified on the
Final Divestment List.
C. That the undersigned is authorized by the Vendor to make this Certification.
The State Treasurer's Final Iran Divestment List can be found on the State Treasurer's website at the address:
https://www.nctreasurer.com/office-state-treasurer/divestment-and-do-not-contract-rules.
Further, pursuant to G.S. 147-86.82, any company identified as boycotting Israel, determined by appearing on the
Final Divestment List created by the State Treasurer pursuant to G.S 147-86.81, is ineligible to contract with the State
of North Carolina or any political subdivision of the State. The State Treasurer's Final Companies Boycotting Israel
List can be found on the State Treasurer's website at the address: https://www.nctreasurer.com/office-state-
treasurer/divestment-and-do-not-contract-rules.
25. Termination
The terms of this MOA, as modified with the consent of all parties, will remain in effect until 9/30/2022. Either party
upon thirty (30) days advance written notice to the other party may terminate this MOA.
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Upon approval by USDOT, PHMSA and the issuance of the Grant Adjustment Notice (GAN), if this MOA is
extended, the termination date for the extension will be the date listed in the applicable USDOT, PHMSA Grant
Adjustment Notice, incorporated by reference herein. If USDOT suspends or terminates funding in accordance with
2 CFR 200.339 — 200.340 and the FY2019 HMEP NOFO, incorporated by reference herein, the Subrecipient shall
reimburse NCEM for said property and/or expenses.
26. Budget and Scope of Work
Subrecipient shall implement the HMEP Grant project summarized below and as described in the approved project
application. That application is hereby incorporated by reference into this MOA.
A. Scope of Work Summary
i. See Attachment 1 for a detailed Scope of Work description.
ii. Completed appropriate report forms with invoices and proof(s) of payment.
iii. Audit findings and corrective action plans.
B. Documentation to be provided throughout the Period of Performance of the grant:
i. Copy of legal action if Subrecipient is involved in legal action that pertains to Planning and Training
(including exercises) purchased with HMEP grant funds.
ii. After action report (AAR) from exercise
iii. Training course description and course roster
iv. A copy of a plan created or rewritten with HMEP grant funds
v. Equipment location/maintenance/training records
vi. Any other documentation that would be pertinent.
vii. All legible and complete invoices and receipts detailing the expenses associated with the project. Receipts
must contain the following information:
• Name and address of the vendor or establishment providing the product or service.
• Vendor/Payee invoice number or and any other unique meaningful identifying number
• Date the product or service was provided.
• Itemized description of all products or services.
• Unit price of products or services (if applicable).
• Total amount charged (no taxes, see paragraph 10).
C. Reports to be provided at the conclusion of work (if applicable
i. Subrecipient is involved in legal action that pertains to Planning and Training (including exercises) with
HMEP
ii. After action report (AAR) from exercise
iii. Training course description and course roster
iv. A copy of a plan created or rewritten with HMEP grant funds
v. Equipment location/maintenance/training records
27. Lobbying Prohibition
The Subrecipient certifies, to the best of its knowledge and belief, that:
A. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person
or employee of any state or federal agency, a member of the NC General Assembly, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of
any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan, or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
C. The undersigned shall require that the language of this certification be included in the award documents for all
sub -awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative
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agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representative of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
28. Assurance of Compliance with Title VI of the Civil Rights Act of 1964 - procurement
During the performance of this contract, the subrecipient, for itself, its assignees and successors in interest (hereinafter
referred to as the "subrecipient") agrees as follows:
A. Compliance with Regulations: The subrecipient shall comply with the Regulations relative to nondiscrimination
in Federally -Assisted Programs of the 2 CFR 200.300 and North Carolina regulation as they may be amended
from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and
made a part of this contract.
B. Nondiscrimination: The subrecipient, with regard to the work performed by it during the contract, shall not
discriminate on the grounds of race, sex, or national origin in the selection and retention of subrecipients,
including procurements of materials and leases of equipment. The subrecipient shall not participate either directly
or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices
when the contract covers a program set forth in Appendix B of the Regulations.
C. Solicitation for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by
competitive bidding or negotiation made by the subrecipient for work to be performed under a subcontract,
including procurements of materials or leases of equipment, each potential subrecipient or supplier shall be
notified by the subrecipient of the subrecipients obligations under this contract and the Regulations relative to
nondiscrimination on the grounds of race, color, sex, or national origin.
D. Information and Reports: The subrecipient shall provide all information and reports required by the Regulations
or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of
information, and its facilities as may be determined by the Recipient or the Research and Special Programs
Administration (RSPA) to be pertinent to ascertain compliance with such Regulations, orders and instructions.
Where any information required of a subrecipient is in the exclusive possession of another who fails or refuses to
furnish this information the subrecipient shall so certify to the Recipient or the Research and Special Programs
Administration as appropriate, and shall set forth what efforts it has made to obtain such information.
E. Sanctions for Noncompliance: In the event of the subrecipients noncompliance with nondiscrimination provisions
of this contract, the Recipient shall impose contract sanctions as it or the Research and Special Programs
Administration may determine to be appropriate, including, but not limited to:
i. Withholding of payments to the subrecipient under the contract until the subrecipient complies.
ii. Cancellation, termination, or suspension of the contract, in whole or in part.
F. Incorporation of Provisions:—The subrecipient shall include the provisions of every subcontract, including
procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant
thereto. The contract shall take such action with respect to any subcontract or procurements as the Recipient or
the Research and Special Programs Administration may direct as a means of enforcing such provisions including
sanctions for noncompliance: Provide, however, that in the event a subrecipient becomes involved in, or is
threatened with, litigation with a subcontract or supplier as a result of such direction, the subrecipient may request
the Recipient to enter into such litigation to protect the of the Recipient and, in addition the subrecipient may
request the United States to enter such litigation to protect the interests of the United States.
29. Assurance of Compliance with Title VI of the Civil Rights Act of 1964 - regulations
Subrecipient hereby agrees that as a condition to receiving any federal financial assistance from the DHS it will
comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter
referred to as the Act) and all requirements imposed by or pursuant to 2 CFR 200.300 , Nondiscrimination in
FederallyAssisted Programs of the DHS - Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred
to as the Regulations) and other pertinent directives, to the end that in accordance with the Act, Regulations, and other
pertinent directives, no person in the United States shall, on the grounds of race, color, sex or national origin, be
excluded from participation in, be denied the benefits of, or be otherwise discrimination under any program or activity
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for which the Subrecipient receives federal financial assistance from the DHS, and HEREBY GIVES ASSURANCE
THAT it will promptly take any measures necessary to effectuate this MOA. This assurance is required by subsection
21.7(a) (1) of the Regulations. More specifically and without limiting the above general assurance, the Subrecipient
hereby gives the following specific assurance with respect to the project:
A. Agrees that each "program" and each "facility" as defined in subsections 21.23(e) and 21.23(b) of the Regulations,
will be (with regard to a "program") conducted, or will be (with regard to ("facility") operated in compliance with
all requirements imposed by, or pursuant to, the Regulations.
B. Insert the following notification in all solicitations for bids for work or material subject to the Regulations and,
in adapted form in all proposals for negotiated agreements:
In accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and 2 CFR
200.300 issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in regard to
any contract entered into pursuant to this advertisement, minority, business enterprises will be afforded full
opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of
race, color, sex or national origin in consideration for an award.
C. Insert the clauses of this MOA in every contract subject to the Act and the Regulations.
D. This assurance obligates the Recipient for the period during which federal financial assistance is extended to the
project.
E. Provide for such methods of administration for the program as are found by the Secretary of DHS or the official
to whom he delegates specific authority to give reasonable guarantee that is, other recipients, subrecipients,
contractors, subcontractors, transferees, successors in interest, and other participants of federal financial
assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations
and this assurance.
F. Agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the
Act, and Regulations, and this assurance.
This assurance is given in consideration of and for the purpose of obtaining any and all federal grants, loans,
contracts, property, discounts or other federal financial assistance extended after the date hereof to the Recipient
by the DHS and is binding on it, other recipients, subrecipients, contractors, subcontractors, transferees,
successors in interest and other participants in the DHS Program. The person or persons whose signatures appear
below are authorized to sign this assurance on behalf of the recipients.
30. Assurance of Compliance with Title VI of the Civil Rights Act of 1964 — deeds, licenses, permits, leases
The following clauses shall be included in all deeds, licenses, leases, permits, or similar instruments entered into by
Subrecipient executed in expending these grant funds:
A. The [Subrecipient, licensee, lessee, permittee, etc., as appropriate] for itself, herself/himself, his/her heirs,
personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that in the event
facilities are constructed, maintained, or otherwise operated on the said property described in this [deed, license,
lease, permit, etc.] for a purpose for which a DHS program or activity is extended or for another purpose involving
the provision of similar services or benefits, the Subrecipient [licensee, lessee, permittee, etc.] shall maintain and
operate such facilities and services in compliance with all other requirements imposed pursuant to 2 CFR 200.300
and as said Regulations may be amended.
B. That in the event of breach of the above nondiscrimination covenants, Subrecipient shall have the right to
terminate the [license, lease, permit, etc.] and to re-enter and repossess said land and the facilities thereon, and
hold the same as if said [licenses, lease, permit, etc.] had never been made or issued.
C. That in the event of breach of any of the above nondiscrimination covenants, Subrecipient shall have the right to
re-enter said lands and facilities thereon, and the above-described lands and facilities shall thereupon revert to
and vest in and become the absolute property of Subrecipient and its assigns.
The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by
Subrecipient:
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A. The [Subrecipient, licensee, lessee, permittee, etc., as appropriate] for herself/himself, his/her personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant
and agree [in case of deeds, and leases add "as a covenant running with the land"] that (1) no person on the
grounds of race, color, sex, or national origin shall be excluded from participation in, be denied the benefits of,
or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any
improvements on, over or under such land and the furnishing services thereon, no person on the grounds of race,
color, sex, or national origin shall be excluded from the participation in, be denied the benefits of, or be otherwise
subjected to discrimination, and (3) that the [Subrecipient, licensee, lessee, permittee, etc.] shall use the premises
in compliance with all other requirements imposed by or pursuant 2 CFR 200.300, Effectuation of Title VI of
the Civil Rights Act of 1964, and as said Regulations may be amended.
B. That in the event of breach of any of the above nondiscrimination covenants, Subrecipient shall have the right
to terminate the [license, lease, permit, etc.] and to re-enter and repossess said land and the facilities thereon, and
hold the same as if said [license, lease, permit, etc.] had never been made or issued.
C. That in the event of breach of any of the above nondiscrimination covenants, Subrecipient shall have the right to
re-enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and
vest in and become the absolute property of Subrecipient and its assigns.
* Reverted clause and related language to be used only when it is determined that such a clause is necessary in
order to effectuate the purpose of Title VI of the Civil Rights Act of 1964.
31. Assurance of Compliance with Privacy Act
The Subrecipient agrees:
A. To comply with the provisions of the Privacy Act of 1974, 5 U.S.C. §552A and regulations adopted there under,
when performance under the program involves the design, development, or operation of any system or records
on individuals to be operated by the Subrecipient, its third -parry subrecipients, contractors, or their employees to
accomplish a DHS function.
B. To notify DHS when the Subrecipient or any of its third -party contractors, subcontractors, subrecipients, or their
employees anticipate a system of records on behalf of DHS in order to implement the program, if such system
contains information about individuals name or other identifier assigned to the individual. A system of records
subject to the Act may not be used in the performance of this MOA until the necessary and applicable approval
and publication requirements have been met.
C. To include in every solicitation and in every third -parry contract, sub -grant, and when the performance of work,
under that proposed third -party contract, sub -grant, or sub -agreement may involve the design, development, or
operation of a system of records on individuals to be operated under that third -party contract, sub grant, or to
accomplish a DHS function, a Privacy Act notification informing the third party contractor, or subrecipient, that
it will be required to design, develop, or operate a system of records on individuals to accomplish a DHS function
subject to the Privacy Act of 1974, 5 U.S.C. §552a, and applicable DHS regulations, and that a violation of the
Act may involve the imposition of criminal penalties; and
D. To include the text of Sections 30 parts A through C in all third -party contracts, and sub grants under which work
for this MOA is performed or which is awarded pursuant to this MOA or which may involve the design,
development, or operation of a system of records on behalf of the DHS.
32. Certification Regarding Drug -Free Workplace Requirements (Subrecipients Other Than Individuals)
This certification is required by the regulations implementing the Drug -Free Workplace Act of 1988. The regulations,
published in the January 31, 1989 Federal Register, require certification by subrecipient, prior to award, that they will
maintain a drug-free workplace. The certification set out below is a material representation of the act upon which
reliance will be placed when the agency determines to award the grant. False certification or violation of the
certification shall be grounds for suspension of payments, suspension or termination of grants, or government -wide
suspension of debarment, (See 2 CFR 200.415). Subrecipient certifies that it will or will continue to provide a drug-
free workplace by:
A. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or
use of a controlled substance is prohibited in the Subrecipient's workplace and specifying the actions that will be
taken against employees for violation of such prohibition.
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B. Establish a drug-free awareness program to inform employees about:
i. The dangers of drug abuse in the workplace.
ii. The Subrecipient's policy of maintaining a drug-free workplace.
iii. Any available drug counseling, rehabilitation, and employee assistance programs.
iv. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
C. Require that each employee engaged in the performance of the grant be given a copy of the statement required by
paragraph A..
D. Notifying the employee in the statement required by paragraph (A) that, as a condition of employment under the
grant, the employee will:
i. Abide by the terms of the statement.
ii. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no
later than five days after such conviction.
E. Notifying the agency within ten days after receiving notice under subparagraph (D) (ii), from an employee or
otherwise receiving actual notice of such conviction.
F. Taking one of the following actions, within 30 days of receiving notice under subparagraph (D)(ii), with respect
to any employee who is convicted:
i. Taking appropriate personnel action against such an employee, up to and including termination.
ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purpose by federal, state, local health, law enforcement, or other appropriate agency.
G. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs
(A), (B), (C), (D), (E), and (F).
33. Execution and Effective Date
This grant shall become effective upon return of this original Grant Award and MOA, properly executed on behalf of
the Subrecipient, to NCEM and will become binding upon execution of all parties to this MOA. The terms of this
MOA will become effective October 1, 2021. The last signature shall be that of Eddie M. Buffaloe Jr., Secretary for
the North Carolina Department of Public Safety.
34. Term of this Agreement
This MOA shall be in effect from October 1, 2021 to September 29, 2022.
35. Statement of Assurances
Subrecipient must complete Office of Management and Budget (OMB) Standard Form 424B Assurances — Non -
Construction Pro rgrams,and submit to NCEM Grants Management Branch (ncem ar nests l @ncdps.gov) upon execution
of this MOA. Subrecipient must still complete the appropriate form(s) even if certain assurances in the form may not
directly apply to subrecipient's specific program to ensure that all possible situations are covered. See attachment 3.
36. Attachments
All attachments to this Agreement are incorporated as if set out fully herein.
A. In the event of any inconsistency or conflict between the language of this MOA and the attachments hereto,
the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency.
B. This MOA includes the following attachments or documents incorporated by reference as if fully set out herein:
• Attachment 1 Scope of Work
• Attachment 2
• Attachment 3
Subrecipient Monitoring
Statement of Assurances
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IN WITNESS WHEREOF, the parties have each executed this Agreement and the parties agree that this Agreement
will be effective as of 10/01/2021.
N.C. DEPARTMENT OF
PUBLIC SAFETY
DIVISION OF EMERGENCY MANAGEMENT
1636 GOLD STAR DR
RALEIGH, NC 27607
BV641JAIM
WILLIAM C. Y, DIRECTOR
& DEPUTY HOMELAND SECURITY ADVISOR
NC EMERGENCY MANAGEMENT
APPROVED AS TO PROCEDURES:
BY�3 an a' V)i Q Q.iA.41W11
TARA WILLIAMS-BROWN, CONTROLLER
DEPARTMENT OF PUBLIC SAFETY
BYr%f,ri, 'Polly
WILLIAM POLK, DEPUTY GENERAL COUNSEL
REVIEWED FOR THE DEPARTMENT OF
PUBLIC SAFETY, BY WILLIAM POLK,
DPS DEPUTY GENERAL COUNSEL, TO FULFILL THE
PURPOSES OF THE US DEPARTMENT OF
TRANSPORTATION GRANT PROGRAMS
1316� G At,bvffPLht,.k
EDDIE M. BUFFALOE JR., SECRETARY
DEPARTMENT OF PUBLIC SAFETY
NEW HANOVER COUNTY
230 GOVERNMENT CENTER DRIVE
WILMINGTON, NC 28403 -
BY>Eti� CJ
BY: SfWVA, SW
THIS MOA WAS PREVIOUSLY APPROVED AS TO FORM BY THE NORTH CAROLINA DEPARTMENT
OF JUSTICE FOR THE FY 2021 HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS GRANT
PROGRAM ONLY AND IS SUBJECT TO EXECUTION BY EDDIE M. BUFFALOE JR., SECRETARY OF
THE DEPARTMENT OF PUBLIC SAFETY. THIS MOU/MOA SHOULD NOT BE USED FOR OTHER
MOUs/MOAs FOR THE HMEP FOR OTHER FISCAL YEARS.
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North Carolina Emergency Management
Preparedness Grants Application
Fiscal Year 2021
All fields are mandatory. Responses should be limited to the spaces allocated. Clear, complete, and
concise information is required for the review panel to make fair and equitable decisions.
Grants selection
Select answer "Yes" or "No" for each grant.
Are you applying for:
- Emergency Management Performance Grant (EMPG)? Yes
- Hazardous Materials Emergency Preparedness (HMEP)? Yes
- North Carolina Tier II Competitive? Yes
- North Carolina Tier II Noncompetitive? Yes
Contacts
Enter requested information for all contacts listed below.
Applicant
Applicant
This is the agency applying for grants.
Applying agency
New Hanover County Emergency Management
Street address
230 Government Center Drive, Suite 115
City
Wilmington ZIP + 4 28403
Email
tersmith@nhcgov.com
EIN/Tax ID number
56-6000324
DUNS number
040029563
SAM registered
Yes Expiration date 9/21/2021
Your name
Click or tap here to enter text.
Are you authorized to apply for grants on behalf of the applying agency? Yes
Field help
Grants point of contact
Grants point of contact
This is the focal point for any ongoing communications regarding the grants. There is an opportunity to override
this contact for any specific grant.
Name
Teresa Smith
Agency
New Hanover County Emergency Management
Title
Emergency Management Technician
Phone (work)
910-798-6906 1 Phone (mobile) 910-409-9130
Street address
230 Government Center Drive, Suite 115
City
Wilmington ZIP + 4 28403
Email
tersmith@nhcgov.com
Field help
EM program manager
DocuSign Envelope ID: D69DB649-ODAA-41 134-8535-1 E876024EF99
EM program manager
This is the local EM grants manager.
Name
Steven Still
Email
sstill@nhcgov.com
Field help
Grants MOA signatory
Grants MOA signatory
This is the individual whose name appears on the signature page of the memorandum of agreement. While only
one signatory is required, space for an additional signatory is provided. If even more signatories are required, add
them in the "Appends" section. There is an opportunity to override this contact for any specific grant.
Name
Steven Still
Agency
New Hanover County Emergency Management
Title
Director
Street address (not PO Box)
230 Government Center Drive, Suite 115
City
Wilmington ZIP+4 28403
Email
sstill@nhcgov.com
Name
Tim Burgess
Agency
New Hanover County — County Manager's Office
Title
Deputy County Manager
Street address (not PO box)
230 Government Center Drive, Suite 195
City
Wilmington ZIP+4 28403
Email
tburgess@nhcgov.com
Field help
Projects
Enter requested project information for each grant checked under Grants selection.
EMPG
HMEP
Enter requested information in the sections listed below.
Point of contact (Complete only if different from point of contact in Contacts section.)
Point of contact
Complete only if the point of contact for this project is different from the identified "Grants point of contact".
Name
Click or tap here to enter text.
Agency
Click or tap here to enter text.
Title
Click or tap here to enter text.
Phone (work)
Click or tap here to enter text. Phone (mobile) Click or tap here to enter text.
Street address
Click or tap here to enter text.
City
Click or tap here to enter text. ZIP + 4 Click or tap here to enter text.
Email
Click or tap here to enter text.
Field help
MOA signatory (Complete only if different from MOA signatory in Contacts section.)
DocuSign Envelope ID: D69DB649-ODAA-41 134-8535-1 E876024EF99
Project information
General information
Enter information describing the project.
Title
Hazardous Materials Emergency Preparedness Grant
Description
HMEP Grant FY 20-21
Goal
Improve planning and response in complex HazMat incidents
Scope
Joint/regional
Request RRT participation
Yes
Core capabilities addressed
Select primary and secondary (if applicable) core capabilities addressed by this project.
Primary
Operational Coordination
Secondary
Public Information and Warning
Project timeline milestones
List the major project events and their completion dates.
Milestone
Completion Date
Application deadline
12/2020
Grant Award
9/2021
Planning Meeting
1/2022
Mid-term Planning Meeting
3/2022
Final Planning Meeting
5/2022
LEPC Full Scale Exercise
7/2022
AAR Discussion
8/2022
Invoices/Cost Report Submission
9/2022
Field help
Budget
Costs
For each cost item select an activity area and then enter a description and the cost amount.
Activity area
Description
Amount
Planning
Consultant for Complex Functional Exercise
9000.00
Exercises
Supplies
250.00
Choose an item.
Click or tap here to enter text.
Enter amount.
Choose an item.
Click or tap here to enter text.
Enter amount.
Choose an item.
Click or tap here to enter text.
Enter amount.
Choose an item.
Click or tap here to enter text.
Enter amount.
Choose an item.
Click or tap here to enter text.
Enter amount.
Choose an item.
Click or tap here to enter text.
Enter amount.
Choose an item.
Click or tap here to enter text.
Enter amount.
Total cost
Enter total.
Field help
Additional information (if needed)
Add any information not accommodated by the application form here.
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Project information
Enter additional project information in the space below.
This exercise will be a multi-year exercise of a complex emergency event that will require multi -jurisdictional
response including response from Pender County and possibly other neighboring counties. The purpose of this
exercise is to test operational coordination and response during a complex event where there are multiple
events within the event that will require additional planning and communication coordination.
North Carolina Tier II Competitive
North Carolina Tier II Noncompetitive
Certification
Certification
Review each certification item and check where appropriate.
I certify that:
Nx This application includes complete and accurate information.
N No project (supported through federal and/or matching funds) having the potential
to impact Environmental or Historical Preservation (EHP) can be started without
the prior approval of FEMA, including but not limited to communications towers,
physical security enhancements, new construction, and modifications to buildings,
structures and objects that are 50 years old or greater. Applicant must comply with
all conditions placed on the project as the result of the EHP review. Any change to
the approved project scope of work requires re-evaluation for compliance with
these EHP requirements. Any activities that have been initiated without the
necessary EHP review and approval will result in a non-compliance finding and will
not be eligible for FEMA funding.
NX In accordance with HSPD-5, the adoption of the National Incident Management
System (NIMS) is a requirement to receive federal preparedness assistance through
grants, contracts, and other activities. By submitting this grant application, you and
all participating entities are certifying that your locality/state agency is NIMS
compliant.
Nx Submission of the project proposal does not guarantee funding.
NX Projects with funds allocated for equipment are required to check all equipment
purchases against the Allowable Equipment List.
(https://www.fema.gov/authorized-equipment-list).
NX Any changes made to this grant application after the submission deadline must be
approved by the NCEM Grants Branch Manager, and an updated application must
be submitted.
❑x (EMPG only) Positions that are classified as sworn law enforcement officers may
not be funded through EMPG.
DocuSign Envelope ID: D69DB649-ODAA-41134-8535-1 E876024EF99
Attachment 2
DocuSign Envelope ID: D69DB649-ODAA-41 134-8535-1 E876024EF99
Subrecipient Monitoring
Subrecipient is subject to monitoring by Recipient in accordance with the provisions of 2 CFR 200.332.
A. Recipient may assess Subrecipient's risk of noncompliance with applicable laws, rules, regulations,
policies and guidelines, and with the terms and conditions of this award, per 2 CFR 200.332(b).
1. This includes the application and award process when Subrecipient was selected to receive
this award, and it continues throughout the life of the award, such as ensuring Subrecipient
remains eligible to receive funding as specified in Funding Eligibility Criteria.
2. Subrecipient's prior experience with other grant awards by/through Recipient may also be
included in the risk assessment.
3. Depending on the risk, additional conditions may be imposed on this award at any time per
2 CFR 200.332(c).
4. Subrecipient's activities may be continually monitored as necessary to ensure that this
award is used for authorized purposes and in compliance with all applicable laws, rules,
regulations, polices and guidelines, per 2 CFR 200.3 3 2(d).
B. Monitoring will include Recipient reviewing all financial, performance and/or or cost reports -
including all requests for reimbursement (and associated invoices and proof of payment) -
submitted by Subrecipient as required in this MOA.
1. Recipient will also review all other documentation required to be submitted by
Subrecipient in this MOA, including equipment lists and inventories, after action reports
for exercises, training course rosters and descriptions, all contracts and subcontracts
executed by Subrecipient with funds from this award, and all project closeout documents.
2. All documentation required to be retained by Subrecipient in this MOA, including all
required Subrecipient file documentation per 2 CFR 200.334, is also subject to review and
monitoring by Recipient (see File Retention).
3. Any/all reports and audits required to be filed under federal and state law as specified in
State of North Carolina Reporting Requirements and Audit Requirements are
also subject to review and monitoring by Recipient.
C. Any required documentation, reports or requests for reimbursement submitted late, incompletely,
inaccurately and/or with discrepancies may elevate the risk status of Subrecipient and cause
additonal monitoring, imposition of additional award conditions, return of funds, negative
determinations for future awards, and/or any other remedy for noncompliance specified in 2 CFR
200.339 (see Compliance).
1. This includes any/all reports and audits required to be filed under federal and state law as
specified in State of North Carolina Reporting Requirements and Audit
Requirements.
2. Failure to timely file complete and accurate audits and reports required under federal and
state law may subject Subrecipient to additional monitoring and the full range of remedies
for noncompliance specified in Compliance.
D. Any findings or corrective actions identified in Subrecipient audits specifically related to this award
may elevate the risk status of Subrecipient and cause additonal monitoring, imposition of additional
award conditions, return of funds, negative determinations for future awards, and/or any other
remedy for noncompliance specified in 2 CFR 200.339 (see Compliance).
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1. Such audit findings and corrective actions must be appropriately resolved by
Subrecipient and are subject to monitoring, follow-up and verification by Recipient.
2. Recipient may issue a Management Decision for applicable audit findings pertaining
specifically to this award per 2 CFR 200.332 and 2 CFR 200.521, in addition to any
Management Decisions issued by Subrecipient.
E. Depending on the risk, Subrecipient monitoring may include, but is not limited to, the following
measures: training and technical assistance, site visits, desk reviews, and audits (in addition to the
audits specified in Audit Requirements.
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OMB Approval No. 0348-0040
ASSURANCES - NON -CONSTRUCTION PROGRAMS
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET.
SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such
is the case, you will be notified.
As the duly authorized representative of the applicant, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance
and the institutional, managerial and financial capability
(including funds sufficient to pay the non -Federal share
of project cost) to ensure proper planning, management
and completion of the project described in this
application.
Will give the awarding agency, the Comptroller General
of the United States and, if appropriate, the State,
through any authorized representative, access to and
the right to examine all records, books, papers, or
documents related to the award; and will establish a
proper accounting system in accordance with generally
accepted accounting standards or agency directives.
3. Will establish safeguards to prohibit employees from
using their positions for a purpose that constitutes or
presents the appearance of personal or organizational
conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable
time frame after receipt of approval of the awarding
agency.
5. Will comply with the Intergovernmental Personnel Act of
1970 (42 U.S.C. §§4728-4763) relating to prescribed
standards for merit systems for programs funded under
one of the 19 statutes or regulations specified in
Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to:
(a) Title A of the Civil Rights Act of 1964 (P.L. 88-352)
which prohibits discrimination on the basis of race, color
or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§1681-
1683, and 1685-1686), which prohibits discrimination on
the basis of sex; (c) Section 504 of the Rehabilitation
Act of 1973, as amended (29 U.S.C. §794), which
prohibits discrimination on the basis of handicaps; (d)
the Age Discrimination Act of 1975, as amended (42
U.S.C. §§6101-6107), which prohibits discrimination
on the basis of age; (e) the Drug Abuse Office and
Treatment Act of 1972 (P.L. 92-255), as amended,
relating to nondiscrimination on the basis of drug
abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) §§523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee
3), as amended, relating to confidentiality of alcohol
and drug abuse patient records; (h) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as
amended, relating to nondiscrimination in the sale,
rental or financing of housing; (i) any other
nondiscrimination provisions in the specific statute(s)
under which application for Federal assistance is being
made; and, Q) the requirements of any other
nondiscrimination statute(s) which may apply to the
application.
Will comply, or has already complied, with the
requirements of Titles II and III of the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (P.L. 91-646) which provide for
fair and equitable treatment of persons displaced or
whose property is acquired as a result of Federal or
federally -assisted programs. These requirements apply
to all interests in real property acquired for project
purposes regardless of Federal participation in
purchases.
8. Will comply, as applicable, with provisions of the
Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328)
which limit the political activities of employees whose
principal employment activities are funded in whole or
in part with Federal funds.
Previous Edition Usable Standard Form 424B (Rev. 7-97)
Authorized for Local Reproduction Prescribed by OMB Circular A-102
DocuSign Envelope ID: D69DB649-ODAA-41 134-8535-1 E876024EF99
9. Will comply, as applicable, with the provisions of the Davis -
Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act
(40 U.S.C. §276c and 18 U.S.C. §874), and the Contract
Work Hours and Safety Standards Act (40 U.S.C. §§327-
333), regarding labor standards for federally -assisted
construction subagreements.
10. Will comply, if applicable, with flood insurance purchase
requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (P.L. 93-234) which requires
recipients in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more.
11. Will comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and
Executive Order (EO) 11514; (b) notification of violating
facilities pursuant to EO 11738; (c) protection of wetlands
pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of
project consistency with the approved State management
program developed under the Coastal Zone Management
Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of
Federal actions to State (Clean Air) Implementation Plans
under Section 176(c) of the Clean Air Act of 1955, as
amended (42 U.S.C. §§7401 et seq.); (g) protection of
underground sources of drinking water under the Safe
Drinking Water Act of 1974, as amended (P.L. 93-523);
and, (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.L. 93-
205).
12. Will comply with the Wild and Scenic Rivers Act of
1968 (16 U.S.C. §§1271 et seq.) related to protecting
components or potential components of the national
wild and scenic rivers system.
13. Will assist the awarding agency in assuring compliance
with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.C. §470), EO 11593
(identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. §§469a-1 et seq.).
14. Will comply with P.L. 93-348 regarding the protection of
human subjects involved in research, development, and
related activities supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of
1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et
seq.) pertaining to the care, handling, and treatment of
warm blooded animals held for research, teaching, or
other activities supported by this award of assistance.
16. Will comply with the Lead -Based Paint Poisoning
Prevention Act (42 U.S.C. §§4801 et seq.) which
prohibits the use of lead-based paint in construction or
rehabilitation of residence structures.
17. Will cause to be performed the required financial and
compliance audits in accordance with the Single Audit
Act Amendments of 1996 and OMB Circular No. A-133,
"Audits of States, Local Governments, and Non -Profit
Organizations."
18. Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations, and policies
governing this program.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL
TITLE
APPLICANT ORGANIZATION
DATE SUBMITTED
Standard Form 424B (Rev. 7-97) Back